1. The question raised by way of this petition is as to whether a witness, of his own has the right to approach a Magistrate to record his statement under S.164 CrPC; and whether such Magistrate is under a legal obligation to record the statement of such witness under S.164 CrPC, when investigation in a criminal offence is going on?

2. The petition seeks issuance of a writ in the nature of Mandamus, directing the investigating agency to record statement of the petitioner under S.164 CrPC. in open Court.

3. It has been pleaded in the petition that the petitioner lodged false FIR on the basis of fabricated facts under pressure from her husband, bearing Case Crime No. 358 of 2014, under S.376 and S.506 IPC, police station Laharpur, district Sitapur (First Information Report dated 9th September, 2014, Annexure - 1). It has further been pleaded that the petitioner is an illiterate person with no knowledge of law. The petitioner did not know the accused.

4. In paras - 9 to 11 of the petition, it has been pleaded that under threat of her husband and the investigating officer of the case, the petitioner gave her statement under S.164 CrPC against Nasru, son of Buddha.

5. The petitioner mov